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Extortion is a crime where one party is threatened with negative consequences if they do not comply. Violence is not necessary, and victims may be lured into transactions due to the threat of revealing damaging information. Extortion can involve property or requests for actions, and the crime can occur at different stages depending on jurisdiction. Proving the crime can be difficult, and the law on extortion has changed over time.
Extortion law belongs to a category of illegal transactions in which one party is motivated to engage because he is threatened with negative consequences if he does otherwise. Sometimes it is enough to make threats to constitute this crime. Although the penal codes that describe this crime are different, a wide range of threats can allow a person to be charged with extortion. However, proving that the crime was committed can be difficult.
There are several misconceptions about extortion law, such as the belief that crime is limited to violent threats. Violence, or even the threat of violence, is generally not necessary to constitute this crime. Victims may be lured into these transactions due to the threat of revealing information that could harm their careers, reputations, or marriages. The offense may also involve a victim being threatened to testify against her in a criminal case or to report her illegal status to immigration authorities. A person who is subject to fears that his or her property will be damaged may also be a victim of extortion.
Another common misconception is that to violate the extortion law, the defendant must have asked his victim for money. In fact, in most jurisdictions, a person can be guilty of this crime for claiming numerous types of property including jewellery, automobiles or works of art. Also, requesting a person to do something can fall under this criminal category. For example, a person who is threatened with signing a contract or engaging in sexual acts can be considered a victim of extortion.
One aspect of extortion that tends to vary from one jurisdiction to another is where the crime occurs. In some places, when the illegal request or offer is made, a crime has been committed. In other places, an exchange must take place before a person can be convicted under extortion law. Extortion is often difficult to prove because the only evidence available may be the testimony of the victim. This is especially true when the charges are based solely on a threat and the exchange did not take place.
In some places the law on extortion has changed dramatically. This crime is believed to have been derived from the Common Law. Under that legal system, extortion was a crime restricted to public officials. They committed the act when they abused their authority for personal gain. Over time, some penal codes have expanded to allow ordinary citizens to be charged with extortion. Others retain the original essence of the crime.
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